Refused Roadside Drug Test, Passed Field Sobriety Test

Convicted Driver Insurance


New member
Good morning, and thank you for ypur help. Briefly I was stopped in my bmw m5 and accused of driving erratically, not having a license, breathalysed, and attempted to drug swab me. I objected to all the alleged offences and protested my innocence, I refused to do a drug swab as I felt like I was being fitted up and the cop was making it personal..... I wasn't driving erratically, I was making good progress where it was clear and safe to do so.

I was accused of not having a driving license as the officer had done extensive checks..... I have a valid and current driving license, I had not been drinking, he then accused me of having small pupils to which I relied its a blazing sunny day and I'm driving in a westerly direction and it's evening my pupils would be small.

On this basis he decided I would need to do a drugs swab.

Myopia is a normal reaction of the pupils to become small in bright light, the only drug to cause this is an opiate. The drug swab only tests for cannabis and cocaine, this is another example of ineptitude at best or arbitrary testing without reasonable cause at worst.

I demanded to be arrested and taken to the police station to do a field sobriety test by someone who knew what they were doing.I passed the field sobriety test. I was bailed from the police station for driving without a license and failure to cooperate with a preliminary drugs swab. To which I plead not guilty at magistrates court.

They the court then bailed Me mistakenly for a charge of failure to provide a specimen. This is a totally different charge which I have never been arrested or questioned for. Is this not an error of fact and law that renders this bail writ of habeus corpus void re anissminic. If so do I have to even attend court?

In any case I have not had disclosure despite asking cps for the case against me as per cpr 10.6, so I don't even know if the case against me is being prepared as a failure to provide a specimen or a failure to cooperate with a roadside swab, given that I passed a fst, how could I even reach the threshold for providing a sample?

Similarly it seems entirely reasonable to refuse a drug swab for small pupils that is only an indication of opioid use when the swab tests for cocaine and cannabis.

I'm due in court on the 14th Sept. Haven't been able to get any advice as I couldn't get disclosure.

Thank you in advance for your thoughts and opinions
Last edited by a moderator:
Enter code DRINKDRIVING10 during checkout for 10% off